The Housing Act 2004 (Commencement No. 10) (England and Wales) Order 2007
Citation and application1.
(1)
This Order may be cited as the Housing Act 2004 (Commencement No. 10) (England and Wales) Order 2007.
(2)
This Order applies in relation to England and Wales.
Commencement2.
Application of Part 5 of the Housing Act 2004 to residential properties with fewer than three bedrooms3.
(1)
The types of property referred to in article 2 are—
(a)
a residential property which—
(i)
is physically complete at the first point of marketing; and
(ii)
has fewer than three bedrooms;
and
(b)
a residential property which—
(i)
is not physically complete at the first point of marketing; and
(ii)
is expected to have fewer than three bedrooms once physically complete,
(2)
Interpretation of article 34.
In article 3—
(a)
a residential property shall be regarded as having or expected to have fewer than three bedrooms if the manner in which the property is marketed indicates that it has or is expected to have fewer than three bedrooms (or none);
(b)
“first point of marketing” shall be construed in accordance with regulation 3 of the Home Information Pack (No.2) Regulations 2007; and
(c)
“physically complete” shall be construed in accordance with regulation 2(3) of the Home Information Pack (No.2) Regulations 2007.
This Order brings Part 5 of (and Schedule 8 to) the Housing Act 2004 into force in England and Wales on 14th December 2007. These provisions relate to home information packs. They are being brought into force in relation to residential properties with fewer than three bedrooms, other than properties to which regulation 17C (which imposes minimum energy performance requirements) of the Building Regulations 2000 applies.
Part 5 of the Housing Act 2004 already applies in relation to properties with three or more bedrooms or more by virtue of the Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007 (S.I. 2007/1668) and the Housing Act 2004 (Commencement No. 9) (England and Wales) Order 2007 (S.I. 2007/2471).
Once in force, the provisions will apply to a residential property unless it is excepted under Part 6 of the Home Information Pack (No.2) Regulations 2007.
The following provisions of the Housing Act 2004 have been brought into force in England by commencement orders made before the date of this Order:
Provision | Date of Commencement | S.I.No. |
|---|---|---|
Section 1 | 06.04.06 | |
Sections 3 to 8 | 06.04.06 | |
Sections 10 to 52 | 06.04.06 | |
Section 53 | 06.04.07 | |
Section 54 | 06.04.06 | |
Section 55(1), (2) and (5)(a) and (b) | 15.06.05 | |
Section 55 (remainder) | 06.04.06 | |
Sections 56 and 57 | 15.06.05 | |
Sections 58 to 71 | 06.04.06 | |
Section 72(2), (3), (5), (6) and (7) | 06.04.06 | |
Section 72 (remainder) | 06.07.06 | |
Section 73 | 06.07.06 | |
Section 74 (remainder) | 06.07.06 | |
Sections 75 to 78 | 06.04.06 | |
Sections 79 and 80 (remainder) | 15.06.05 | |
Section 81 | 15.06.05 | |
Sections 82 to 94 | 06.04.06 | |
Section 95 (2), (4) and (6) | 06.04.06 | |
Section 95 (remainder) | 06.07.06 | |
Section 96 | 06.07.06 | |
Section 97 (remainder) | 06.07.06 | |
Sections 98 to 133 | 06.04.06 | |
Section 134 (remainder) | 06.07.06 | |
Sections 135 to 147 | 06.04.06 | |
Sections 148 to 178, in so far as applied to residential properties with four bedrooms or more | 01.08.07 | |
Sections 148 to 178, in so far as applied to residential properties with three bedrooms | 10.09.07 | |
Section 179 | 06.06.05 | |
Section 181 | 04.07.05 | |
Sections 191 to 194 | 06.06.05 | |
Sections 212 to 215 (remainder) | 06.04.07 | |
Section 220 (remainder) | 17.02.05 | |
Section 221 | 17.02.05 | |
Section 223 | 27.04.05 | |
Section 225 (remainder) | 02.01.07 | |
Section 226 | 02.01.07 | |
Section 227 | 17.02.05 | |
Section 229 (remainder) | 04.07.05 | |
Sections 230 and 231 | 04.07.05 | |
Section 232 | 06.04.06 | |
Sections 235 and 236 | 06.04.06 | |
Section 237 | 15.06.05 | |
Sections 238 to 243 | 06.04.06 | |
Section 265(1), in so far as it relates to paragraphs 2 to 6, 8 to 36 and 38 to 44 of Schedule 15 | 06.04.06 | |
Section 265(1), in so far as it relates to paragraph 47 of Schedule 15 | 02.01.07 | |
Section 266, in so far as it relates to the repeals listed in article 2(1)(e) of S.I. No 2006/1060 | 06.04.06 | |
Schedules 1 to 7 | 06.04.06 | |
Schedule 10 (remainder) | 06.04.07 | |
Schedule 13 (remainder) | 04.07.05 | |
Schedule 15, paragraphs 2 to 6, 8 to 36, and 38 to 44 | 06.04.06 | |
Schedule 15, paragraph 47 | 02.01.07 | |
Schedule 16, in so far as it relates to the repeals listed in article 2(1)(e) of S.I. No 2006/1060 | 06.04.06 | |
Schedule 16, in so far as it relates to the repeals listed in article 2(b) of S.I. No 2007/1068 | 06.04.07 |
The following provisions of the Housing Act 2004 have been brought into force in Wales by commencement orders made before the date of this Order:
Provision | Date of Commencement | S.I.No. |
|---|---|---|
Sections 1 and 3 | 16. 06.06 | |
Section 4 | 25.11.05 | |
Sections 5 to 8 | 16.06.06 | |
Sections 10 to 52 | 16.06.06 | |
Section 54 | 16.06.06 | |
Section 55 (partially) | 25.11.05 | |
Section 55 (remainder) | 16.06.06 | |
Sections 56 and 57 | 25.11.05 | |
Sections 58 to 78 | 16.06.06 | |
Sections 79 to 81 | 25.11.05 | |
Sections 82 to 147 | 16.06.06 | |
Sections 148 to 178, in so far as applied to residential properties with four bedrooms or more | 01.08.07 | |
Sections 148 to 178, in so far as applied to residential properties with three bedrooms | 10.09.07 | |
Section 179 | 25.11.05 | |
Section 191 | 14.07.05 | |
Sections 192 to 194 | 25.11.05 | |
Sections 212 to 215 (remainder) | 06.04.07 | |
Sections 227 and 228 | 14.07.05 | |
Sections 229 to 232 | 16.06.06 | |
Sections 235 and 236 | 16.06.06 | |
Section 237 | 25.11.05 | |
Sections 238 to 243 | 16.06.06 | |
Section 265(1) and Schedule 15 (partially) | 14.07.05 | |
Section 265(1) and Schedule 15 (partially) | 16.06.06 | |
Section 266 (partially) | 16.06.06 | |
Schedules 1 to 7 | 16.06.06 | |
Schedule 10 (remainder) | 06.04.07 | |
Schedule 12 | 14.07.05 | |
Schedule 13 | 16.06.06 |